Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners subject to a bond of Rs.10,000 and two sureties, with conditions under section 482(2) of the BNS.
Summary
Satish Kumar and Amit Kumr, brothers from Lakhisarai, were arrested in connection with a land‑dispute altercation that resulted in simple injuries to each other. The FIR charged them under sections 126(2), 115(2), 118(1), 109, 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The petitioners filed a bail application fearing prolonged detention, while the State opposed it. The Court examined the nature of the injuries, the circumstances of the dispute, and the statutory provisions governing bail. It held that the seriousness of the offences did not preclude bail and ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS. The bail order effectively disposed of the petition.
Issues considered
- Whether bail should be granted to the accused under sections 126(2), 115(2), 118(1), 109, 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita in a land‑dispute assault case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 482(2)
Subjects
- bail
- criminal procedure
- land dispute
- assault
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2084 of 2026
Arising Out of PS. Case No.-37 Year-2025 Thana- BIRUPUR District- Lakhisarai
======================================================
1 . Satish Kumar Son of Vijay Mahto Resident of Village - Aijni Ghat, Ps-
Birupur, Dist- Lakhisarai
2. Amit Kumr @ Amit Raj Son of Vijay Mahto Resident of Village - Aijni
Ghat, Ps- Birupur, Dist- Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and
the State .
2. Petitioners apprehend his arrest in a case registered
for the offence punishable under sections 126 ( 2), 115 ( 2 ),
118 (1) , 109, 351 ( 2 ) and 3 (5) of BNS.
3 . As per F.I.R, on account of land dispute ,
altercation took place between the parties in which both sides
inflicted injury on each other. Case and counter case . Injury
caused by these petitioners are simple in nature .
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injury ,
Patna High Court CR. MISC. No.2084 of 2026(2) dt.31-01-2026
2/2
and other circumstances of the case , in the event of arrest or
surrender within eight weeks from today, let the petitioners, as
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned J M 1st Class
Lakhisarai in connection with Birupur P.S. Case No. 37 of
2025 , subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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